Ameen Sardar @ Kal Ameen, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighth day of February Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.1990 of 2018 AMEEN SARDAR @ KAL AMEEN ... PETITIONER / ACCUSED NO.1 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, KEELAKARAI POLICE STATION, RAMANATHAPURAM DISTRICT.
CRIME NO.151 OF 2016. ... RESPONDENT / COMPLAINANT For Petitioner :M/S.R.MURUGAN Advocate For Respondent :MR.K.SUYAMBULINGA BHARATHI Govt. Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner / A1, who was arrested on 12.12.2017 for the offence punishable under Sections 341, 294(b), 427 & 307 IPC in Crime No.151 of 2016, pending on the file of the respondent Police seeks bail.
2.The case of the prosecution is that the petitioner along with other accused have assaulted the de facto complainant, who is an Auto Driver and caused injuries on him. Hence, the present case has been registered.
3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is in judicial custody from 12.12.2017 onwards. 4.The learned Government Advocate (Crl.side) submitted that no one sustained injury in the alleged occurrence. He further submitted that petitioner is having six previous cases. According to him investigation is still pending.
5.The submissions made by the learned counsels appearing on either side are considered. It is alleged that during the time of occurrence, the petitioner assaulted the de facto complainant, in order to commit the offence of murder. As of now, according to the prosecution, in the alleged occurrence no one was sustained injury. https://hcservices.ecourts.gov.in/hcservices/
Therefore, considering the period of incarceration of the petitioner, further custodial interrogation may not be necessary for completing the investigation.
6.Even though petitioner is having previous cases, considering the fact that no one sustained injury in the alleged offence, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions:
(i)the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Ramanathapuram; (ii)the petitioner is directed to appear before the respondent police daily at 10.00 a.m. until further orders; (iii)the petitioner shall not tamper with the evidence or witness either during investigation or trial; (iv) the petitioner shall not abscond either during investigation or trial;
(v)on breach of any of the aforesaid conditions, the Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005) AIR SCW 5560].
sd/- 08/02/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.II, RAMANATHAPURAM. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.
3 THE OFFICER IN CHARGE, DISTRICT PRISON, RAMANATHAPURAM.
4 THE INSPECTOR OF POLICE, KEELAKARAI POLICE STATION, RAMANATHAPURAM DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.R.MURUGAN Advocate SR.No.2130
ORDER
IN CRL OP(MD) No.1990 of 2018 Date :08/02/2018 MKV-CM-VR-SAR 1/8.2.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/